[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Rules and Regulations]
[Pages 69502-69503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21319]



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Vol. 88

Thursday,

No. 192

October 5, 2023

Part IV





Department of Defense





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General Services Administration





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National Aeronautics and Space Administration





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48 CFR Chapter 1





Federal Acquisition Regulations; Final and Interim Final Rules

  Federal Register / Vol. 88 , No. 192 / Thursday, October 5, 2023 / 
Rules and Regulations  

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR-2023-0051, Sequence No. 5]


Federal Acquisition Regulation; Federal Acquisition Circular 
2023-06; Introduction

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Summary presentation of final rules.

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SUMMARY: This document summarizes the Federal Acquisition Regulation 
(FAR) rules agreed to by the Civilian Agency Acquisition Council and 
the Defense Acquisition Regulations Council (Councils) in this Federal 
Acquisition Circular (FAC) 2023-06. A companion document, the Small 
Entity Compliance Guide (SECG), follows this FAC.

DATES: For effective dates see the separate documents, which follow.

ADDRESSES: The FAC, including the SECG, is available at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the 
table below in relation to the FAR case. For information pertaining to 
status or publication schedules, contact the Regulatory Secretariat 
Division at 202-501-4755 or [email protected].

                       Rules Listed in FAC 2023-06
------------------------------------------------------------------------
       Item               Subject           FAR case         Analyst
------------------------------------------------------------------------
I................  Implementation of           2020-011  Ryba.
                    Federal Acquisition
                    Supply Chain
                    Security Act
                    (FASCSA) Orders.
II...............  Whistleblower               2017-005  Jones.
                    Protection for
                    Contractor
                    Employees.
III..............  8(a) Program........        2021-012  Bowman.
IV...............  Technical Amendments
------------------------------------------------------------------------


SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the 
actual revisions and/or amendments made by these FAR rules, refer to 
the specific item numbers and subjects set forth in the documents 
following these item summaries. FAC 2023-06 amends the FAR as follows:

Item I--Implementation of Federal Acquisition Supply Chain Security Act 
(FASCSA) Orders (FAR Case 2020-011)

    This interim rule amends the Federal Acquisition Regulation (FAR) 
to implement supply chain risk information sharing and exclusion or 
removal orders required by the Federal Acquisition Supply Chain 
Security Act of 2018 and a final rule issued by the Federal Acquisition 
Security Council (FASC).
    The FAR is being amended to implement applicable exclusion or 
removal orders recommended by the FASC when they are issued by the 
Secretary of Homeland Security, the Secretary of Defense, or the 
Director of National Intelligence. Offerors will be required to check 
both the System for Award Management and individual solicitations for 
applicable exclusion orders.
    This rule applies to all acquisitions, including acquisitions at or 
below the simplified acquisition threshold and to acquisitions of 
commercial items, including commercially available off-the-shelf items. 
It may have a significant economic impact on a substantial number of 
small entities.

Item II--Whistleblower Protection for Contractor Employees (FAR Case 
2017-005)

    This final rule amends the FAR to implement Public Law 114-261 (41 
U.S.C. 4712). The rule enhances whistleblower protection for contractor 
employees by making permanent the protection for disclosure of certain 
information. It also clarifies that the FAR 31.205-47 prohibition on 
reimbursement for legal fees accrued in defense against reprisal claims 
applies to subcontractors, as well as contractors.
    DoD, NASA and the Coast Guard have a different whistleblower 
program for contractor employees.
    This final rule will not have a significant economic impact on a 
substantial number of small entities.

Item III--8(a) Program Changes (FAR Case 2021-012)

    This final rule amends the FAR to update and clarify requirements 
associated with the Small Business Administration's (SBA) 8(a) program. 
Specifically, this rule clarifies that the certificate of competency 
program is not applicable to 8(a) sole-source awards and requires that 
BPAs issued under part 13, including orders placed under part 13 BPAs 
under the 8(a) Program, must be offered to, and accepted by SBA. 
Additionally, this rule clarifies an 8(a) participant's eligibility for 
award for a two-step design procurement and clarifies that a concern 
must be a current participant in the 8(a) program at the time of an 
8(a) sole-source award. This rule also implements policy that allows 
the SBA to appeal a contracting officer's decision that an acquisition 
previously procured under the 8(a) program is a new requirement not 
subject to the release requirements set forth in 13 CFR. Furthermore, 
this rule requires the contracting officer to notify the SBA when the 
contracting officer decides that a requirement, previously procured 
under the 8(a) program, is a new requirement and not a follow-on 
requirement to an 8(a) contract; and when the procuring activity 
intends to procure a follow-on requirement using an existing limited 
contracting vehicle that is not available to all 8(a) participants and 
the current or previous 8(a) contract was available to all 8(a) 
participants. Lastly, this rule encourages the contracting officer to 
notify the SBA Associate Administrator for Business Development at 
least 30 days prior to the end of the contract or order when a 
mandatory source will be used for a follow-on requirement to an 8(a) 
contract.

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Item IV--Technical Amendments

    An administrative change is made at FAR 52.212-3.

William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Federal Acquisition Circular (FAC) 2023-06 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator of National Aeronautics and Space 
Administration.
    Unless otherwise specified, all Federal Acquisition Regulation 
(FAR) and other directive material contained in FAC 2023-06 is 
effective October 5, 2023 except for Item I, which is effective 
December 4, 2023, and Items II, III, and IV, which are effective 
November 6, 2023.

John M. Tenaglia,

Principal Director, Defense Pricing and Contracting, Department of 
Defense.

William F. Clark,

Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

Karla Smith Jackson,

Assistant Administrator for Procurement, Senior Procurement 
Executive/Deputy CAO, National Aeronautics and Space Administration.

[FR Doc. 2023-21319 Filed 10-4-23; 8:45 am]
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